BILL NUMBER: S3341

SPONSOR: RAMOS
 
TITLE OF BILL:

An act to amend the executive law, in relation to prohibiting a law
enforcement agency or officer from inquiring about immigration status

 
PURPOSE:

To limit the inquiry into the immigration status of an individual by a
law enforcement officer during the course of an investigation unless the
individual is booked into a detention facility or is arrested for a
breach of New York State Penal Code and immigration status is pertinent
to the criminal investigation.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section I of the bill amends the executive law by adding new section 844
to limit the inquiry into immigration status by a law enforcement agency
or officer.
              

Section II sets forth the effective date.

 
JUSTIFICATION:

In 2008, Immigration and Customs Enforcement (ICE) created the Secure
Communities program. Under this program, when an individual is booked in
jail and fingerprinted, Immigration and Customs Enforcement (ICE) is
automatically notified of a match in an immigration database.  New York
State's participation in the Secure Communities program was suspended in
2011 after concerns were raised over the program's implementation and
the impact it would have on immigrant communities.  It was also revealed
that crime fighting efforts at the local and state level were negatively
impacted as people became fearful to serve as witnesses to crimes.

Upon its creation, participation in the Secure Communities program was
voluntary. As of 2013 when it became mandatory, municipalities across
the United States including Los Angeles, Austin, New Haven, and Chicago
began challenging the mandate. New York City remains the most hesitant
in enforcing the program. Elected officials, community organizations,
and residents have strongly voiced their opposition after it was
revealed that many of the immigrants who were being deported did not
have criminal backgrounds.

The intention to make our communities safer should not go against what
New York stands for as a state that welcomes the diversity of immigrant
families. Since its inception, Secure Communities has instilled fear in
immigrant neighborhoods and we must ensure that the resources of local
and state police are only being used to target individuals who pose a
serious threat to our society.

This bill would limit inquiry into the immigration status of an individ-
ual by a law enforcement officer during the course of an investigation
unless the individual has been booked into a detention facility, has
violated penal code, and his or her status is relevant to the criminal
investigation. Requiring these protections is a reflection of New York's
long history of providing immigrants opportunity and safety.

 
LEGISLATIVE HISTORY:

2017-2018: A.1247 (Rozic)-Referred to Codes
2015-2016: S.3714 (Espaillat)-Referred to Finance/A.6382 (Rozic) -
Referred to Codes
2014: S.1748 (Espaillat)-Referred to Finance/A.7228 (Rosa) - Referred to
Codes

 
FISCAL IMPACT TO THE STATE:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.